DO YOU KNOW THAT ABSENCE WITHOUT PERMISSION IS AMOUNTING TO MISCONDUCT IN MALAYSIA?
Copied from Malaysian Employment & Labour Dispute Resolution‘s FB post.
Surprise? You should be if you are an employee. Do not simply look at this matter as a small matter. Let me tell you why..
According to Sect 15(2) of Employment Act, an employee shall be deemed to have broken his contract of service with the employer if:-
- He has been continuously absent from work for more than two consecutive working days without prior leave from his employer UNLESS he has a REASONABLE EXCUSE for such absence and has INFORMED or ATTEMPTED to inform his employer of such excuse prior to or at the earliest opportunity during such absence.
1. Can his employee automatically terminate him because of his absence for two days?
The answer is an employee’s service is NOT automatically terminated because he has been absent for more than two working days in a row. Absence for two days is misconduct but not a breach of contract. Therefore disciplinary action such as warning, should be taken against the employee if he has no acceptable excuse for his absence.
2. What is the example of reasonable excuse?
In the decided case stated that being in the custody of police is considered a reasonable excuse for absence.
3. Under what circumstances an employer can dismiss an employee on the ground of misconduct for absence from work?
A) When an employee has been absent without permission for 3 or more days and if
B) He has no reasonable excuse, or
C) Although he has an excuse, he has not informed or attempted to inform his employer of that excuse.